Diabetes is a major health problem affecting more than 17 million Americans—about 6.2 percent of the population—according to the American Diabetes Association. Chances are you might have an employee who asks you for a reasonable accommodation related to the disease. We’ll tell you about a new ruling that focuses on this issue and suggest ways to accommodate diabetic employees.
Accommodation Denied
Rebecca Fraser, a senior account specialist with U.S. Bancorp, suffers from type-1 insulin-dependent diabetes. Her severe and life-threatening condition requires her to test her blood sugar several times a day, inject insulin, and carefully monitor her diet. Problems began when Fraser’s supervisor, Jeff Erwin, notified Fraser she could no longer eat at her desk. That day, Fraser’s blood sugar levels plunged. Erwin refused to waive the “no eating” rule, and Fraser eventually became very disoriented and passed out. After recovering, Fraser complained to Erwin’s supervisor, but to her knowledge no action was taken. A few months later, Fraser was fired.
Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know about new laws and regulations, and your compliance obligations, for the year ahead—it’s one-stop shopping at its best.
Diabetic Worker Sues
Fraser sued, alleging the bank violated the Americans with Disabilities Act by not providing her with the reasonable accommodation of allowing her to eat at her desk. She also charged she was fired in retaliation for complaining about her supervisor’s conduct. U.S. Bancorp countered that Fraser wasn’t disabled under the ADA because she didn’t show her condition substantially limited a major life activity.
Eating Ruled a Major Life Activity
The federal Ninth Circuit Court of Appeals explained that a physical or mental impairment is a disability if it substantially limits a major life activity. And, ruled the court, the physical activity of eating qualifies under the ADA as a major life activity. For Fraser, eating was a major life activity because she had to carefully assess her blood sugar before putting anything in her mouth and monitor what foods she ate.What’s more, said the court, a jury could find that Fraser’s major life activity of eating was substantially limited because she demonstrated her diabetes regimen is perpetual, severely restrictive, and highly demanding. And even if she follows her regimen, there’s no guarantee she can control her illness.However, cautioned the court, “not every impediment to the copious and tasty diets our waistlines and hearts cannot endure is a substantial limitation on the major life activity of eating.” Rather, there’s a distinction between those who have simple dietary restrictions and those who are truly disabled.
State Law More Protective
The court’s ruling doesn’t mean the ADA protects all diabetics. Those who can easily control their condition probably won’t be considered to be substantially limited in the major life activity of eating. But under California’s disability bias law, which provides greater protection to employees than the ADA, most diabetics probably would qualify as disabled.
Accommodation Tips
Here are some inexpensive accommodations that may allow diabetic employees to continue to perform their jobs and keep you out of court:
- Permit the worker to take additional, short breaks to check blood sugar levels, eat a snack, or use the restroom.
- Allow the worker to eat or drink at their desk or another location that gives them quick access to food and water.
- Provide the worker with a place near their work area to keep diabetes supplies and food. For example, you could allow a diabetic employee to bring in a small refrigerator to keep near their desk or to use the company’s refrigerator.
- Offer the worker a modified schedule or a standard shift. A night or fluctuating shift can make it difficult for a diabetic to regulate insulin and sleep cycles.
- If the diabetes has caused vision loss, consider aids such as magnification, large-print materials, a device to enlarge computer screen text, or better lighting.
For further assistance with accommodating diabetic workers, contact the Job Accommodation Network at (800) 526-7234 or www.jan.wvu.edu.